In judicial review proceedings under the Judicial Review Act 1991 (Qld), the power to award costs is governed by s 49 of that Act, not the general costs discretion. Section 49 displaces the general rule that costs follow the event, permitting a successful respondent to be ordered to pay the applicant's costs. However, costs orders under s 49(1)(d) are limited to costs incurred from the time the costs application was made. The factors in s 49(2) — financial resources, public interest, and reasonable basis for the application — must be considered. An order under s 49(1)(e) that each party bear its own costs may be appropriate where private citizens of limited means challenge government decisions affecting them, even where the review application is dismissed.
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